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Q: How can I protect myself financially in a divorce in Minnesota?
I would like to pursue a simple divorce, but my husband and his father, who is an attorney, both value money greatly, and I am concerned about protecting myself. My name is on the title to our house, but my husband pays the mortgage. I am worried because my husband does not want to discuss divorce due to the financial implications and splitting assets, and we do not have children. What steps can I take to protect my interests in this situation?
A:
To begin, you can familiarize yourself with the law and process by visiting the Minnesota Judicial Branch's website. See below.
Then you can start calling attorneys to find one you are comfortable with helping you through the process. Once you are represented you won't need to discuss anything with your husband.
If your husband is an attorney, he will want to keep everything above board. He should insist you consult with another attorney. Depending on the financial situation, he may be responsible for some if not all of your attorney fees.
https://www.mncourts.gov/Help-Topics/Divorce.aspx
My best to you. Rob Kane Eagan Family Law Attorney.
A:
I'm really sorry you're facing this. It's hard enough to consider ending a marriage, and even harder when you feel financially vulnerable and outnumbered. You're right to want to protect yourself, especially when there’s pressure or avoidance around discussing money.
In Minnesota, marital property—including the home, regardless of whose name is on the mortgage—is generally subject to **equitable division**, which means fair, not necessarily equal. Since your name is on the title, you likely have a legal claim to a share of the home’s value, even if your husband paid the mortgage. Start by gathering all financial records—bank statements, mortgage documents, tax returns, and any records of major purchases or assets. Keep copies in a safe place outside the home if possible.
You can also begin documenting your own contributions to the marriage, whether financial or otherwise. Even if your husband refuses to talk, you can still file for divorce on your own. You're doing something strong and necessary by taking these steps, and you deserve a fair outcome, no matter how much others around you may try to control the process. Keep standing up for yourself—it’s your future you're protecting.
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